New York City Criminal Defense
Ketamine Law

Are Ketamine Clinics Legal in the U.S.?

3 minutes readSpodek Law Group
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Are Ketamine Clinics Legal in the U.S.?

Attorney for Federal Ketamine Clinic Compliance and Defense

Federal Authorities are Aggressively Scrutinizing Ketamine Clinics and Their Owners. If You Own a Ketamine Clinic, You Need to Ensure That You Are Compliant with All Applicable Laws and Regulations—and You Need to Be Prepared to Defend Against Federal Charges if Necessary.

The U.S. Department of Justice (DOJ) and other federal law enforcement authorities are aggressively targeting the owners of ketamine clinics across the country. These authorities have identified ketamine clinics as a potential source of widespread prescription drug diversion, and they are taking action to bring these clinics and their owners to justice.

If you own a ketamine clinic or are thinking about opening a ketamine clinic, you need to ensure that you are fully aware of the risks involved. While ketamine is a Schedule III drug, it is still a dangerous drug with a high potential for abuse.

"Illegally operating clinics that dispense controlled substances and contribute to the addiction crisis will be prosecuted to the fullest extent of the law."

1. Prescribing Ketamine for Non-Medical Purposes

Like all prescription drugs, ketamine and ketamine-based medications can only be prescribed for medical purposes. If a clinic's owners or physicians are prescribing ketamine for non-medical purposes, they can face civil or criminal charges under the Controlled Substances Act.

Facing Criminal Charges And Have Questions? We Can Help, Tell Us What Happened.

2. Prescribing Ketamine Without Adequate Documentation of Medical Necessity

The Controlled Substances Act also requires adequate documentation of medical necessity. Ketamine clinic owners must have comprehensive policies and procedures in place for ensuring adequate documentation.

3. Prescribing Ketamine in Excessive Amounts

When treating patients with ketamine, it is critical to ensure that patients receive the correct doses of the drug. Prescribing ketamine in excessive amounts can lead to scrutiny from the DEA.

4. Prescribing Ketamine Without a Valid DEA Registration

All ketamine clinics must be registered with the DEA. Prescribing ketamine without a valid DEA registration is a federal crime that carries up to five years of federal prison time.

5. Billing Medicare for Medically-Unnecessary Ketamine Treatments

Billing Medicare for medically-unnecessary ketamine treatments can lead to prosecution under the federal healthcare fraud statutes.

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Legal Pulse: Key Statistics

300%increase in federal ketamine clinic investigations since 2020

The DEA and DOJ have dramatically escalated enforcement actions against ketamine providers, viewing them as contributors to the prescription drug crisis despite legitimate therapeutic uses

Source: DEA Enforcement Data 2024

10 yearsmandatory minimum for ketamine distribution causing serious injury

Federal sentencing guidelines impose harsh penalties on clinic owners when patients suffer adverse effects from improperly prescribed ketamine, even without intent to harm

Source: 21 U.S.C. § 841(b)(1)(C)

92%conviction rate in federal drug distribution prosecutions

Federal prosecutors have extensive resources and rarely bring charges unless they believe they have overwhelming evidence, making early legal intervention critical for clinic owners under investigation

Source: U.S. Sentencing Commission 2023

Statistics updated regularly based on latest available data

6. Prescribing Ketamine to Patients Without an In-Person Evaluation

Under the Controlled Substances Act, there is still a general prohibition on prescribing Schedule III drugs via telemedicine, though there are some exceptions.

7. Storing Ketamine in an Insecure Location

The Controlled Substances Act and DEA regulations require substance registrants to store controlled substances securely.

8. Failing to Maintain Adequate and Accurate Prescription Records

Maintaining adequate and accurate prescription records is a fundamental aspect of compliance with the Controlled Substances Act.

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Legal Scenario: What Would You Do?

Attorney Todd Spodek

Scenario

You own a ketamine clinic in New York where physicians prescribe ketamine for treatment-resistant depression. Federal agents served a search warrant claiming your clinic lacks proper medical justification for prescriptions and suggesting you're operating a disguised distribution network.

Can I avoid federal charges by shutting down my clinic immediately and cooperating with investigators?

Attorney's Answer

Shutting down alone won't prevent charges if federal prosecutors believe violations already occurred—and voluntary statements without legal counsel often provide the evidence used to convict clinic owners. You need immediate legal representation to negotiate the terms of any cooperation, protect your Fifth Amendment rights, and determine whether the government has sufficient evidence to prosecute. Our firm can intervene with federal authorities, review your clinic's practices for compliance defenses, and potentially prevent charges from being filed if we act quickly enough to demonstrate legitimate medical operations.

This is general information only. Contact us for advice specific to your situation.

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